Rosewood Services, Inc. v. Sunflower Diversified Services, Inc.

TACHA, Chief Circuit Judge.

Plaintiffs-Appellees Rosewood Services, Inc. (“Rosewood”) and Tammy Hammond, Rosewood’s sole shareholder, brought suit under 42 U.S.C. § 1983, alleging violations of constitutional rights guaranteed by the First and Fourteenth Amendments. Defendants-Appellants Sunflower Diversified Services, Inc. (“Sunflower”), a private nonprofit corporation, and James Johnson, Sunflower’s President, moved for summary judgment arguing that qualified immunity precludes this suit. The District Court held that the Defendants are not entitled to assert qualified immunity because they…